Legislative Update: NC Governor Vetoes Bill Providing Funding for Private School Voucher Expansion and K-12 Enrollment Growth

Elizabeth, a white woman with blond hair, wears a white blouse and white blazer.By Elizabeth Yelverton

(This is the first in a series of legislative updates that the Education Law Section will be posting to keep its members up to date on legislation impacting the world of education).

In a press conference held on Friday, September 20, 2024, NC Governor Roy Cooper officially vetoed legislation recently passed by state lawmakers that would provide millions in additional funding for the Opportunity Scholarship Program, or private school vouchers, as well as student enrollment funding in growing public school units (PSUs). It is not yet known whether legislators will attempt to override the Governor’s veto during their next scheduled meeting on October 9, 2024, although legislative leaders previously noted that voting sessions were “likely” during their post-election reconvening on November 19-22.

The latest version of House Bill 10, Require ICE Cooperation & Budget Adjustments, was initially released on Monday, September 9, 2024, as a pre-negotiated “conference committee substitute,” with no opportunities for amendments. The bill includes $463.46 million ($248 million non-recurring and $215.46 million recurring) to retroactively provide additional private school vouchers for this school year, as well as $95 million for the “ADM Contingency Fund,” which would help support basic student needs in growing public school districts and charter schools.

Other education-related items in the bill include a $36.2 million recurring reduction to the State Public School Fund due to the recent transition to an arrears-based funding model, clarifications on the use of allotted (rather than allocated) funds for various allotments, and an additional ~$64 million in recurring funds for community college enrollment increases. The bill cleared the Senate on Monday, September 9th, with a 27-17 vote along party lines and was approved 67-43 in the House the following Wednesday, September 11th, with support from three Democrats, before being sent to Gov. Cooper for final consideration.

In addition to passing HB 10, lawmakers also recently passed Senate Bill 917, Additional General Assembly Appointments, which became law on Wednesday, September 11, 2024, without the need for the Governor’s approval. SB 917, now S.L. 2024-50, includes appointments to various boards and commissions, including numerous appointments to local community college boards of trustees, four appointments to the NC Professional Educator Preparation and Standards Commission (PEPSC) for terms expiring August 31, 2026, and the appointment of Sen. Michael Lee (R-New Hanover) to the Education Commission of the States for a term expiring December 31, 2026.

Elizabeth Yelverton is the NCASA Legal Affairs & Policy Manager and the Legislative & Ethics Chair for the NCBA Education Law Council.